Saving Seafood

MASSACHUSETTS: Monument fishing ban will hurt New Bedford businesses

October 13, 2021 — Just over 30 days ago, the fishing vessel Eagle Eye left federal waters more than 130 miles southeast of Massachusetts to make the 15- to 20-hour trip home to New Bedford Harbor. Its sister vessel, Eagle Eye 2, returned even more recently, with each carrying thousands of pounds of fresh tuna and a bit of swordfish.

John Cafiero, captain of one of the Fairhaven-based vessels, said he and his crew sometimes take multiple trips in the summer to fish in waters that in 2016 were established as a national marine monument. Tuna and swordfish are highly migratory species so sometimes “you don’t want to be in there,” he said, but for the past few years, it has been “really good.”

Cafiero said he didn’t know it then, but that trip might have been his last in the area.

On Oct. 8, President Joe Biden issued a presidential proclamation under the Antiquities Act of 1906 prohibiting commercial fishing in an area of water the size of Connecticut.

The administration cited conservation efforts needed to preserve the “vulnerable” deep marine ecosystems and endangered marine species that inhabit or migrate through the waters. The proclamation restores the commercial fishing restrictions first established by former President Barack Obama in 2016, when he declared two areas of water from surface to seabed as the Northeast Canyons and Seamounts Marine National Monument.

Environmental groups lauded the decision. But local fishermen, business owners and industry advocates said the closure deals yet another blow to a highly regulated industry and is unfair as recreational fishing in the monument may continue.

“These boats are more like your uncle’s pizza shop or your dad’s gas station,” said Mike Machado, lead buyer at Boston Sword & Tuna and a former New Bedford fisherman. “They’re small individual companies. They’re not like this big, evil fishing juggernaut.”

Read the full story at The New Bedford Light

 

Biden’s decision to restore marine monument off Cape Cod is praised and criticized in Maine

October 12, 2021 — President Biden’s decision to restore the Northeast Canyons and Seamounts Marine National Monument off Cape Cod got mixed reactions in Maine on Friday. 

But while the decision restores a prohibition on commercial fishing in the area, it is not expected to have much direct impact on the state’s industries because few, if any, Maine boats fish there.

Last year, President Trump opened the 5,000-square-mile area that had first been designated as a national monument by President Obama in 2016. Some Maine commercial fishing groups applauded the decision, even though the area wasn’t frequented by Maine-based fishermen and women. The monument had been seen as a symbolic affront to the industry.

Gov. Janet Mills criticized the Biden administration for taking such a major action without input from stakeholders, including the fishing industry.

“While I support environmental protection and conservation, this major action – which comes just mere weeks after advancing a right whale rule that that will seriously harm New England fishermen – is misguided and premature,” Mills said in a statement. “This decision was made without the appropriate engagement and consultation of stakeholders who deserve to have their voices heard. Fishermen are already reeling from heavy-handed Federal action and this further erodes faith that the Biden Administration will seek consensus from all stakeholders on important decisions impacting the marine environment.”

Read the full story at the Portland Press Herald

 

Biden is set to restore monuments. What happens next?

October 12, 2021 — As tribal leaders and environmentalists celebrate President Biden’s scheduled restoration today of more than 2 million acres of public lands to a pair of Utah monuments, activists stress that the pomp and circumstance is a precursor to extensive work that remains to be done to shore up those sites.

Biden is scheduled this afternoon to sign new proclamations, which have yet to be published, restoring millions of acres to both Grand Staircase-Escalante and Bears Ears national monuments.

He will also reinstate commercial fishing restrictions to Northeast Canyons and Seamounts Marine National Monument in the Atlantic Ocean (Greenwire, Oct. 7).

The action will reverse cuts President Trump made in 2017 at the behest of GOP lawmakers who had long criticized the monuments as a form of federal overreach by the Democratic presidents who established them.

It will also restore protections to the marine monument that Trump removed in 2020, opening the 5,000-square-mile site about 130 miles off the coast of Cape Cod, Mass., to commercial interests.

Saving Seafood Executive Director Bob Vanasse criticized the Biden administration’s decision for allowing recreational fishing to continue in the area, even as members of his industry advocacy group are locked out.

“While the Biden-Harris administration has claimed decisions will be based on science, and not on who has the stronger lobby, this decision shows otherwise,” Vanasse said.

“Prohibiting hardworking commercial fishermen from sustainably harvesting while allowing owners of luxury yachts to spear fish for the same species in the same location is hypocritical and calls into question this administration‘s commitment to working families over wealthy donors,” he added.

Read the full story at Greenwire

New guide to help evaluate marine protected areas

September 29, 2021 — A new “MPA Guide,” resulting from a collaboration of 42 authors led by Kirsten Grorud-Colvert of Oregon State University, aims to facilitate communication and common understanding about marine protected areas.

The guide was introduced in a paper in the 10 September issue of Science magazine, “The MPA Guide: A framework to achieve global goals for the ocean.” In it, the authors review the consistency, of MPAs and propose a framework by which levels of protection can be evaluated and improved.

Read the full story at SeafoodSource

 

U.S. Regional Councils Call for Removal of Fishing Restrictions in Marine National Monuments

June 5, 2020 — In a letter to Secretary of Commerce Wilbur Ross last week, the nation’s eight regional fishery management councils reiterated their recommendation that President Trump restore management of fishing throughout U.S. federal waters, including Marine National Monument waters, to the councils as implemented by the Magnuson-Stevens Act.

In the letter, the councils wrote, “The ban on commercial fishing within Marine National Monument waters is a regulatory burden on domestic fisheries, requiring many of the affected American fishermen to travel outside U.S. waters with increased operational expenses and higher safety-at-sea risks.” They further wrote, “Marine National Monument designations in their present form hinder the Councils’ ability to sustainably manage fisheries throughout their range, and they restrict the Councils and the National Marine Fisheries Service from acquiring invaluable knowledge about the stocks and the marine ecosystem made available through catch-and-effort and observer data.”

The letter also reiterated previous council letters from 2017 and 2016, and the councils’ 2016 Outcomes Statement and Recommendations, calling for fisheries management in all U.S. federal waters to be conducted through the public process of the Magnuson-Stevens Act.

In 2017, the councils wrote, “Designations of marine national monuments that prohibit fishing activities–especially those that did not receive adequate economic and social impact review and did not allow for a robust public review process–have disrupted the ability of the Councils to manage fisheries throughout their range as required by MSA and in an ecosystem-based manner.”

In its 2016 letter, the councils wrote, “We believe fisheries management decisions should be made using the robust process established by the MSA and successfully used for over forty years.”

Last week’s letter was the result of a Council Coordination Committee meeting that brought together leaders of the nation’s eight regional councils by videoconference for the first of their biannual meetings.

Read the full letter here

Seamounts monument lawsuit appeal rejected by federal court

January 3, 2020 — A lawsuit against a national monument created by U.S. President Barack Obama’s administration has been defeated once again after an appeal to an earlier ruling was denied.

The U.S. Court of Appeals for the District of Columbia has rejected the appeal of an earlier ruling that dismissed a lawsuit brought by fishermen against the Northeast Canyons and Seamounts Marine National Monument. The monument, created in 2016, will be 4,913 square miles of ocean roughly 130 miles off of the coast of New England that will be closed to commercial activity, including fishing.

Read the full story at Seafood Source

Atlantic Marine Monument Withstands Federal Appeals Court Challenge

December 30, 2019 — A federal appeals court has ruled that President Barack Obama acted within his authority when he created the country’s first Atlantic marine monument off the coast of New England in 2016.

“The fishermen have had the ocean all to themselves for centuries.” says Peter Shelley, senior council for the Conservation Law Foundation in Boston.

Shelley says the lawsuit challenging the Northeast Canyons and Seamounts National Monument, and the presidential authority that created it, failed to acknowledge other “values” such as conservation and preservation as powers granted in the Antiquities Act of 1906.

Shelley says the appeals decision is good news for a very delicate region of the Atlantic Ocean.

“But it’s also good news for other areas of great scientific interest that need to be protected from the destructive effects of fishing and oil and gas drilling and other sorts of development activities,” he says.

Read the full story at Maine Public

Court Upholds Creation of National Monument in Atlantic

December 27, 2019 — A federal appeals court on Friday upheld former President Barack Obama’s designation of a federally protected conservation area in the Atlantic Ocean, a move that commercial fishermen oppose.

Fishing groups sued over the creation of Northeast Canyons and Seamounts Marine National Monument, a 5,000-square-mile (8,000-square-kilometer) area that contains fragile deep sea corals and vulnerable species of marine life. The monument was established in 2016.

A federal judge dismissed the lawsuit last year, and the Court of Appeals for the District of Columbia Circuit upheld the decision Friday.

The appeals panel brushed aside arguments that federal law governing monuments applies only to land, not oceans; that the area of the ocean is not “controlled” by the federal government; that it is not compatible with National Marine Sanctuaries Act; and that it is not the “smallest area compatible” with management goals.

Read the full story from the Associated Press at The New York Times

Council director laments marine monuments’ effects on fishing in western Pacific

May 6, 2019 — The executive director of the US Western Pacific Regional Fishery Management Council believes that marine monuments in US federal waters are needlessly restricting harvesters from fishing.

In recent testimony before the US House of Representatives’ Committee on Natural Resources Subcommittee on Water, Oceans, and Wildlife, Kitty Simmonds asserted that fishing prohibitions in marine monuments amount to a “major impediment” for US fisheries in the Western and Central Pacific Ocean (WCPO).

“These prohibitions have forced our fishermen out of more than half of the US [exclusive economic zone] EEZ in the WCPO and onto the high seas, where they are forced to compete with foreign fleets on the fishing grounds,” she said. “Because of limited data, the full impact of the expansion of the marine monuments in 2016 is yet to be fully understood. We do know that US fishermen have been displaced from US waters, where they have to travel farther to fishing grounds and compete with foreign fleets.”

Read the full story at Undercurrent News

Western Pacific Council Director: Marine Monuments ‘Major Impediment’ to U.S. Fisheries

WASHINGTON — May 1, 2019 — The following was released by the National Coalition for Fishing Communities:

In testimony before a House subcommittee today, Kitty Simonds, the Executive Director of the Western Pacific Regional Fishery Management Council (WPRFMC) labeled the increasing number and size of marine monuments a “major impediment” to U.S. fisheries. According to Ms. Simonds, these designations force fishermen to travel farther, longer, and at greater costs, with little conservation benefit.

Members of Saving Seafood’s National Coalition for Fishing Communities also submitted a letter to the Subcommittee, which was entered into the committee hearing record, asking that fishing inside of the marine monuments be managed under the Magnuson-Stevens Act, and that future monument designations include input from commercial fishermen. The letter notes that previous monument designations were made “with no formal public hearings, cost-benefit analyses, or input from affected constituents, and despite no compelling reason or threat to marine resources.”

“The Council process allows for stakeholders, scientists, and concerned citizens to review and debate policy decisions in a transparent manner,” the letter states. “In contrast, the Antiquities Act authorizes the president to take away public areas and public resources with no public input. Using executive authority, the President can close any federal lands and waters in an opaque, top-down process that too often excludes the very people who would be most affected.”

The letter was signed by 20 fishing organizations and 8 fishing vessels, representing fishermen from 11 states: California, Connecticut, Florida, Hawaii, Massachusetts, Maryland, North Carolina, New Jersey, New York, Oregon, and Rhode Island.

Ms. Simonds cited other negative consequences of the policy, including making it harder to prevent illegal fishing by foreign vessels in the U.S. EEZ; limiting, along with other closures, fishermen to operate in as little as 17 percent of the U.S. EEZ; and a decrease in the number of longline vessels and the amount of their catch.

“These prohibitions have forced our fishermen out of more than half of the U.S. [Exclusive Economic Zone] EEZ in the [Western and Central Pacific Ocean] and onto the high seas, where they are forced to compete with foreign fleets on the fishing grounds,” said Ms. Simonds in her testimony, delivered before the Natural Resources Subcommittee on Water, Oceans, and Wildlife. “Currently 70 percent of the Hawaii longline effort is on the high seas. We also know, based on expert scientific knowledge, that forcing U.S. vessels out of U.S. waters has no conservation benefit to tuna and highly migratory stocks or to protected species.”